Madras High CourtWA/3561/2024dismissed

S.Stella v. The Secretary To Government

2025-02-18Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice K.Rajasekar8 pages

2025:MHC:442

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2025 CORAM :

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR S.Stella ..

Appellant v.

1. The Secretary to Government (Housing and Town Planning) Puducherry,Goubert Avenue, Beach Road

2. The Chief Town Planner Puducherry Planning Authority Puducherry 605 005

3. The Chief Town Planner Town and Country Planning Department Jawahar Nagar, Boomianpet Puducherry 605 005

4. The Member Secretary Puducherry Planning Authority Jawahar Nagar, Boomianpet Puducherry 605 005

5. The Member Secretary Puducherry Real Estate Regulatory Authority (RERA) Office of Real Estate Regulatory Authority Jawahar Nagar, Puducherry 605 005

6. Director of Survey and Land Records Department of Survey and Land Records II Floor, Revenue Complex, Kamaraj Salai Saram, Puducherry 605 013

7. The Commissioner Villianur Commune Panchayat Puducherry 605 110

8. The Sub Collector Villanur Commune Panchayat Puducherry 605 110

9. The Sub Registrar Villianur Registration Office Puducherry 605 110 10.Executive Engineer - IV (O & M) Electricity Department Main Office Campus No.137, NSC Bose Salai 11.S.Maidily 12.N.Ramani 13.P.Sattiavatty ..

Respondents Memorandum of Grounds of Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 28.08.2024 passed in W.P.No.13787 of 2023.

For Appellant ::

Mr.J.Srinivasa Mohan for

M/s TVJ Associates For Respondents ::

Mr.R.Sreedhar Additional Government Pleader (Puducherry) for R1 to R10 Mr.T.Saikrishnan for R11 to R13

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM,J.) The intra-Court appeal has been instituted assailing the order dated 28.08.2024 in W.P.No.13787 of 2023. The writ petitioner is the appellant before this Court.

2. The grievance of the appellant is that the industrial layout approval dated 28.07.2021 was granted by the fourth respondent pursuant to the NOC issued by the seventh respondent, infringing the property right of the appellant. The appellant claims to be the owner of the adjacent land and by citing the property owned by the appellant as a road, the layout has been approved. Therefore, the layout based on an erroneous sketch is to be set aside.

3. The learned single Judge, in paragraph-8, made an observation that

the writ petitioner is claiming the road portion as private road. As per the report of the seventh respondent, the road mentioned in the approved industrial layout granted in favour of the respondents 11 to 13, belongs to Villianur Commune Panchayat, which is the seventh respondent.

4. This Court is of the considered opinion that the findings with reference to the civil rights in writ proceedings, would cause prejudice to the interest of the titleholders or the persons claiming right over the properties. Such exercise needs to be avoided in writ proceedings under Article 226 of the Constitution of India. It is possible that any such observations made by the writ Court would impact the civil proceedings, if any, initiated between the parties. The scope of the writ petition cannot be expanded for adjudication of disputed facts of civil nature and such an adjudication is to be done by the competent civil Court based on the documents and evidences available on record. The High Court cannot conduct a roving enquiry into the disputed facts between the parties.

5. The power of judicial review under Article 226 of the Constitution

of India is to ensure the processes through which the decision has been taken in consonance with the statues and rules in force, but not the decision itself. That being the factum, the appellant's claim regarding the property is to be adjudicated before the competent forum. Thus we do not find any infirmity in the order passed in the writ petition. By granting liberty to the appellant to approach the competent Court, the present writ appeal stands dismissed. In the event of approaching the competent civil Court, the said proceedings are to be conducted uninfluenced by any of the observations made by the writ Court or by this Court in the present order. Consequently, C.M.P.No.27632 of 2024 is also dismissed. No costs.

Index : yes (S.M.S.,J.) (K.R.S.,J.) 18.02.2025 ss To